I have sought such relief in several cases, and had it both denied, and granted. The City Attorneys Office had no experience in such steps.
I also wrote sections of appeals briefs in both the state and federal appeals of court orders telling the City that it had to tear down the Cross.
If the Senate follows the lead of the House and passes the bill to have the Cross taken over by the Department of Defense, that should defang the litigation which was directed at the (current) owner, San Diego. If so, the ACLU will probably mount a new legal challenge, suing the federal government this time.
Whatever happens, this issue will eventually wind up in the Supreme Court. And I believe, based on certain decisions of the new Roberts Court, that it will uphold this as a war memorial.
P.S. Interested in a Freeper in Congress? Keep in touch with me.
Congressman Billybob
Latest article: "Stupidity about WW III: 'Here's your Sign' "
Please see a statement on running for Congress, here.
Thanks for your efforts.